Practice Areas

Where defendant was convicted after a jury trial of unarmed robbery and assault and battery, the convictions should be upheld despite the defendant’s argument that (1) evidence he terms in-court and out-of-court identifications was erroneously admitted, (2) the judge erred ...

Where a judge reduced a divorced plaintiff’s monthly alimony payments, a remand is necessary for a determination of whether the plaintiff’s reduced working hours following a heart attack constituted a material change in circumstances. “In June 2016 the husband suffered ...

Where a defendant was found guilty of assault and battery by means of a dangerous weapon, a remand is necessary for a determination of whether his trial counsel was ineffective for failing to obtain and to introduce the defendant’s hospital ...

Where a judgment was entered in favor of the plaintiffs on their claim for prevailing wages, the judgment must be vacated insofar as it awards damages incurred outside the three-year statute of limitations in G.L.c. 149, §27F. “The plaintiffs brought ...

Where a defendant was convicted of dissemination of obscene material to a minor, the trial judge did not err in admitting into evidence a Facebook message and an accompanying video attached to the message that was sent to the victim. ...

Where a plaintiff father’s complaint for modification of a child support order was dismissed, that was error, as the plaintiff was not precluded from amending his complaint after the defendant filed a motion to dismiss. Reversed. “… [Plaintiff Raymond] Fioravanti ...

Where two plaintiffs claiming that as minors they were sexually abused by a priest have brought suit seeking to hold liable the Roman Catholic Archbishop of Boston and the Missionary Society of St. Columban, the counts in the complaint for ...

Where an administrative judge ordered a self-insurer to pay an employee §34 benefits, the case must be recommitted because of conflicting medical evidence. “The self-insurer appeals from a hearing decision ordering it to pay the employee §34 benefits from October ...

Where the plaintiff holder of a second mortgage has challenged the validity of the defendant’s senior mortgage, the complaint must be dismissed because the plaintiff’s claims do not present a case for expunging or subordinating the defendant’s mortgage. “… In ...

Where the West Tisbury zoning board upheld a decision by the town’s building inspector to deny an application for a permit to build a single-family residence on a grandfathered undersized lot, the inspector and the board erred by finding that ...